§ 510 — Appeal from Commission’s order

Delaware § 510

• Jurisdiction: Delaware
• Title: 26
• Ch. 1: PUBLIC SERVICE COMMISSION
• Subch.: Hearings and Appeals

Text

(a) Any public utility affected by any final order made by the Commission, or any other original party to or any intervenor in the proceedings before the Commission in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the secretary of the Commission either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.

(b) The appeal shall not be a trial de novo but shall be based upon the record before the Commission.

(c) The scope of review before the Court shall be that the Commission’s findings shall be upheld if they are supported by sufficient evidence, free of error of law and not arbitrary or capricious. When factual issues are reviewed the Court shall take due account of the presumption of official regularity and the quasi-legislative function and specialized competence of the Commission.

Legislative History

47 Del. Laws, c. 254, § 15 ; 48 Del. Laws, c. 371, § 19 ; 26 Del. C. 1953, § 192; 59 Del. Laws, c. 397, § 1